Got Good Bones-An Online Community- Terms of Service
THANK YOU FOR JOINING GOT GOOD BONES® , AN ONLINE COMMUNITY. PLEASE GET A COZY CHAIR AND A CUP OF COFFEE AND READ THESE TERMS OF SERVICE VERY CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES WITH GOT GOOD BONES®, AN ONLINE COMMUNITY. BY ACCESSING OR USING OUR GOT GOOD BONES® WEBSITE, GOT GOOD BONES® APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “GOT GOOD BONES®, AN ONLINE COMMUNITY”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE SERVICES AND REMOVE YOURSELF FROM THE GOT GOOD BONES® ONLINE COMMUNITY IMMEDIATELY.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING ANY AND ALL INTERNET-BASED COMMUNITIES… AKA. MARKETPLACES AND INTERACTING WITH OTHER USERS IN PERSON.
These Terms apply to your access to and use of the Got Good Bones® Service provided by Got Good Bones, LLC. Additional terms (including, but not limited to, the terms of social media services and third-party users) may apply to particular situations, functions and features related to the Got Good Bones® Online Community.
1. ELIGIBILITY (WHO IS ELIGIBLE TO USE GOT GOOD BONES®, AN ONLINE COMMUNITY.
ONLY USERS WHO ARE EIGHTEEN(18) YEARS OF AGE OR OLDER MAY REGISTER AND USE GOT GOOD BONES®, AN ONLINE COMMUNITY.
The Got Good Bones® Online Community does not solicit nor advertise nor is it intended for use by or for, anyone under the age of EIGHTEEN (18). By using this community site, you further represent and warrant that you: (a) have not previously been suspended or removed from using the Got Good Bones® An Online Community; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. (d) Are not under the legal age of 18. If you are registering to use the Got Good Bones® Online Community on behalf of any legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
2. REGISTERING FOR AN ACCOUNT AND YOUR SECURITY RESPONSIBILITIES AS A MEMBER OF GOT GOOD BONES- AN ONLINE COMMUNITY.
In order to gain access to the Got Good Bones® Online Community, you will be required to create an “Account” via signing in to the community via Facebook or with your current and valid email. We prefer that you sign in with your Facebook account- as it automatically uploads your photo to the site. In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Got Good Bones®, An Online Community, to contact you for the purpose of verifying some or all of your Registration Data, to conduct research and to resolve disputes, as Got Good Bones®, An Online Community may choose to do from time to time.
3. Purchases From Other Users of Got Good Bones®, An Online community.
A. Cash or online transaction or trade Payments are Determined by Users. A buyer may, by agreement with the seller, elect to make payment by cash, or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. Got Good Bones®, An Online Community is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner. Cash is widely suggested and small bills as well, for added protection. Also- members may wish to meet in a public place or a police department to conduct transactions. Bring other people with you, conduct business in the daylight hours and be safe. Further information is available on this community site.
B. ALL TRANSACTIONS ARE FINAL AND ARE BETWEEN THE BUYER AND SELLER. Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. Got Good Bones® An Online Community, will not be responsible for facilitating refunds. We will contact the other party on your behalf- to advise them of the issue- but that is about all that we can do. Please make sure that as a buyer, that you carefully inspect the item that you are wanting to purchase, and that you have examined it to the best of your ability, and that you are satisfied with your purchase. Buyers should not feel obligated or forced to to purchase anything from the seller. Got Good Bones is not liable for any issues that arise during or after a transaction.
C.. APPLICABLE TAXES: It is the responsibility of the seller to determine what, if any, taxes apply to each transaction that is completed through Got Good Bones®, An Online Community; including, but not limited to, sales tax, any special use tax, value added tax, and any other similar taxes that may be applicable in the state that you are residing in or conducting business in. It is also your responsibility, as a member, to withhold, collect, report and remit the correct taxes to the appropriate tax authorities in your area. Got Good Bones®, An Online Community, is not responsible for withholding, collecting, reporting, or remitting any sales tax, use tax, value added, tax or similar tax arising from any transaction you complete via Got Good Bones® An Online Community,
3. Terms of Sale for Got Good Bones®, An Online Community Paid Services.
Occasionally, Got Good Bones®, An Online Community, may make certain services available for a fee in connection with free services that are offered on the site. The following terms of sale apply solely to your purchase of Paid Services from Got Good Bones®, An Online Community.
A. Fees. Unless otherwise agreed upon by Got Good Bones®, An Online Community in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via Got Good Bones® An Online Community. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
B. Payment Method. You may only pay Fees using valid payment methods acceptable to us, which is www.paypal.com . You represent and warrant that you are authorized to use the payment method you designate to Got Good Bones®, An online community. Those who wish to purchase advertising on the Got Good Bones- An Online Community site- will be able to use Paypal to send the designated payment for the total amount of your purchase, for advertising on the Got Good Bones Website.
4. Acceptable Use
When accessing or using the online community, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
B. Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the The Got Good Bones Online Community, (2) may expose Got Good Bones - or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates the Got Good Bones Online Community List of what is not allowed (see above).
Send, transmit or make available any content that contains software viruses or any other computer code, files or malicious programs designed to interrupt, destroy or limit the function or purpose of any computer software or hardware or telecommunications equipment or the facilities that they are house it; Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or spam messages or other messages through the Got Good Bones Online Community.
Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Got Good Bones Online Community;
Remove, alter, or obscure any copyright or other proprietary notices of Got Good Bones-An Online Community or its copyrighted or trademarked property.
Obscure or disable any advertisements that appear on the Got Good Bones- An Online Community site.
Use any type of automated means, including without limitation any harvesting robots,robot, spider, script, crawler, scraper or other automated means or interface not offered by Got Good Bones- An Online Community to harvest data.
Access without authorization any networks, systems, or databases used in providing the Got Good Bones- Online Community or any accounts associated with Got Good Bones- an online community, or to access or use any information therein for any purpose;
Attempt to hack or invade or otherwise prevent any security measures;
Violate any requirements, policies, procedures or regulations of any network connected to Got Good Bones- An Online Community.
Interfere with or disrupt the use and benefit by others who are using Got Good Bones- An Online Community, including, but without limitation to attempting, in any manner, to obtain the password, account, or other security information of any other user;
Falsely state, impersonate, or otherwise misrepresent your identity;
Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
Use or attempt to use another user’s Account without authorization;
Use the Got Good Bones Online Community in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
Use the OfferUp Service in any manner that exposes Got Good Bones- An Online Community to any harm or liability of any nature;
Use the Got Good Bones-An Online Community site to infringe or violate the intellectual property rights or any other rights of anyone else (Including Got Good Bones- An Online Community);
Use the Got Good Bones- An Online Community to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory in nature. Transfer any rights granted to you under these Terms; or encourage or induce any third party to engage in any of the activities prohibited under this section.
If you violate any of the above mentioned terms, Got Good Bones-An Online Community, reserves the right to suspend or terminate your right to access and use the the Got Good Bones- An Online Community immediately without notice, and you will have infringed Got Good Bones- An Online Community’s intellectual property and other rights, which may subject you to prosecution and damages. Got Good Bones- An Online Community reserves the right at all times to monitor, review, retain and or disclose any information regarding your use of the Got Good Bones - An Online Community as necessary, to satisfy any applicable law, regulation, legal process or governmental requests. We fully cooperate with the law- and do not tolerate any illegal activity. By using the website, you also acknowledge and agree that Got Good Bones- An Online Community is not responsible or liable for the conduct of, or your interactions with, any users of the Got Good Bones- An Online Community (whether online or offline).
Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Got Good Bones- An Online Community will not contain any content that is prohibited by these Terms.
In the day to day use of Got Good Bones- An Online Community, you may willing or unwillingly, transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. Got Good Bones- An Online Community- reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Mighty Networks Server at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Got Good Bones- An Online Community any of the following:
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Got Good Bones- An Online Community, is not responsible for any errors or omissions that you make in connection with the community services you access.
By submitting or posting User Content on the online community, you hereby grant to Got Good Bones- An Online Community, a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with Got Good Bones- An Online Community. The use of your or any other User’s name, likeness, or identity in connection with the Got Good Bones- An Online Community services does not imply any endorsement thereof unless explicitly stated otherwise.
We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that Got Good Bones- An Online Community- may moderate access to and use of the community services it offers through the only community. It has sole discretion through any means (including, for example, blocking, filtering, deletion, omission, verification, and/or termination of your access.
Furthermore, the right to remove any posting you make on the Got Good Bones- Online community site if, in our opinion, your post does not comply with the content standards set out above, and any other Got Good Bones- An Online Community guidelines. You agree not to bypass or attempt to bypass such moderation.
You further agree that Got Good Bones- An Online Community, is not liable for moderating, not moderating or making any representations regarding moderating.
In using the Got Good Bones- An Online Community, you may view content, utilize services, or otherwise interact with content and services provided by third parties, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). Got Good Bones- An Online Community, does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that Got Good Bones- An Online Community, will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
In addition, your business or other dealings or correspondence or custom work with such third parties are solely between you and the third parties. Got Good Bones- An Online Community, is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.
Comments, Feedback and Concerns:
We appreciate the time that our members take to send us feedback, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Got Good Bones- An Online Community or any other products or services (collectively, "Feedback"), is non-confidential and will become our sole property.
Got Good Bones- An Online Community, has no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
A. Repeat Infringer Applications. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Got Good Bones- An Online Community, has adopted a policy of terminating, in appropriate circumstances and at Got Good Bones, An Online Community’s discretion, users who are deemed to be repeat infringers. We also may, at Got Good Bones, An Online Community’s discretion, limit access to the online community and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Copyright Infringement Complaints. If you believe that anything on the Got Good Bones- An Online Community infringes upon any copyright that you own or control, you may notify your network host immediately. We will work with you to remove the items promptly. Also please send your written request to:
Got Good Bones, Inc
4952 S. Rainbow Blvd. #261
Las Vegas, Nevada 89118
Please see governing information online with regard to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorney and legal fees, incurred by Got Good Bones- An Online Community or the alleged infringer as the result of Got Good Bones- An Online Community’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Unless otherwise indicated, the Got Good Bones- An Online Community and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through our community, including, without limitation, the Got Good Bones logos, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Got Good Bones- An Online Community, Got Good Bones and or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Got Good Bones- An Online Community, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). Got Good Bones- an Online Community and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the Got Good Bones- An Online Community or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Got Good Bones- An Online Community or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the Got Good Bones- An Online Community Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the online community of Got Good Bones.
Got Good Bones, Gotgoodbones.com, Got Good Bones- An Online Community and Got Got Good Bones Blog and other Got Good Bones graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Got Good Bones or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without Got Good Bones- An Online Community’s prior written consent. You will not use any trademark, product or service name of Got Good Bones without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product of service name of Got Good Bones.
All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Got Good Bones- An Online Community.
You may also terminate your License to access or use the Got Good Bones- An Online Community by closing your Account at any time. For more details on how to close your Account, please contact your network host, or you may opt out of being a member of the community via an email in your inbox.
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE GOT GOOD BONES- AN ONLINE COMMUNITY AND THE SERVICE IT PROVIDES, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE MIGHTYNETWORK SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE ONLINE COMMUNITY SERVIC, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE GOTGOODBONES ONLINE COMMUNITY.
B. WITHOUT LIMITING THE FOREGOING, NEITHER GOT GOOD BONES- AN ONLINE COMMUNITY NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "THE GOT GOOD BONES ONLINE COMMUNITY, GOT GOOD BONES, OR PROVIDERS") REPRESENT OR WARRANT (I) THAT THE THE GOT GOOD BONES ONLINE COMMUNITY SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE GOT GOOD BONES ONLINE COMMUNITY SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE GOT GOOD BONES- AN ONLINE COMMUNITY SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE ONLINE COMMUNITY SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE GOT GOOD BONES ONLINE COMMUNITY SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE ONLIVE SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY BADGE IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH A BADGE.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE COMMUNITY MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE GOT GOOD BONES ONLINE COMMUNITY.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you. Please check with your legal advisor should you have any questions.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED COMMUNITY OR MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE COMMUNITY. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING\MEETING\PLANNING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME OR ANY SUBSEQUENT TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH THE GOT GOOD BONES ONLINE COMMUNITY (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS AND THEIR AGENTS).
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOT GOOD BONES- AN ONLINE COMMUNITY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE THE GOT GOOD BONES ONLINE COMMUNITY OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE GOT GOOD BONES- AN ONLINE COMMUNITY OR MATERIALS, (II) ANY INABILITY TO USE THE GOT GOOD BONES - AN ONLINE COMMUNITY OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE GOT GOOD BONES- AN ONLINE COMMUNITY, EVEN IF GOT GOOD BONES- AN ONLINE COMMUNITY OR THE GOT GOOD BONES- AN ONLINE COMMUNITY PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND GOT GOOD BONES- AN ONLINE COMMUNITY OR THE GOT GOOD BONES- AN ONLINE COMMUNITY PROVIDERS' REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GOT GOOD BONES- AN ONLINE COMMUNITY RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GOT GOOD BONES- AN ONLINE COMMUNITY OR GOT GOOD BONES- AND ONLINE COMMUNITY PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE COMMUNITY OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO GOT GOOD BONES- AN ONLINE COMMUNITY FOR ACCESS TO OR USE OF THE ONLINE COMMUNITY SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100.00 U.S. DOLLARS.
C. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR GOT GOOD BONES- AN ONLINE COMMUNITY OR THE GOT GOOD BONES- AN ONLINE COMMUNITY PROVIDERS' GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
You agree to hold harmless, defend and indemnify Got Good Bones- An Online Community and Got Good Bones- An Online Community Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Community or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Got Good Bones- An Online Community and Got Good Bones- An Online Community Providers that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Got Good Bones- An Online Community or Materials; or (iv) any content that you store on or transmit through the Got Good Bones- An Online Community. Got Good Bones- An Online Community may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Got Good Bones- An Online Community in such event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH GOT GOOD BONES- AN ONLINE COMMUNITY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GOT GOOD BONES- AN ONLINE COMMUNITY (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Got Good Bones- An Online Community agree (1) to waive your and Got Good Bones- An Online Community’s respective rights to have any and all Disputes arising from or related to these Terms, the Got Good Bones- Online Community or the Materials, resolved in a court, and (2) to waive your and Got Good Bones- An Online Communities respective rights to a jury trial. Instead, you and Got Good Bones- An Online Community agree to arbitrate any and all disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions. You and Got Good Bones- an Online Community agree that any Dispute arising out of or related to these Terms, the Got Good Bones- Online Services or the Materials is personal to you and Got Good Bones- An Online Community and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Got Good Bones- An online community agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Got Good Bones- An Online Community agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
C. Federal Arbitration Act. You and Got Good Bones- An Online Community agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
D. Notice; Informal Dispute Resolution. You and Got Good Bones- An Online Community agree that each party will notify the other party in writing of any arbitrable or small claims dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to Got Good Bones- An Online Community shall be sent by certified mail or courier to
Got Good Bones, Inc.
4952 S. Rainbow Blvd #261
Las Vegas, Nevada 89118
Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and Got Good Bones- An Online Community cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Got Good Bones- An Online Community may, as appropriate and in accordance with this Section, commence an arbitration proceeding, or to the extent specifically provided for in section(A), file a claim in court.
E. Process. Except for Disputes arising out of or related to a violation or Dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Got Good Bones- An Online Community agree that any Dispute must be commenced or filed by you or Got Good Bones- An Online Community, within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Got Good Bones- An Online Community will no longer have the right to assert such claim regarding the Dispute). You and Got Good Bones- An Online Community agree that (1) any arbitration will occur in Las Vegas, Nevada, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of Nevada and the United States, respectively, sitting in Clark County, Nevada have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
F. Arbitrator Authority. With these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
G. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS, or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
H. Severability. If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
I. Opt-Out Right. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section. Please send your written request to:
Got Good Bones, Inc.
4952 S. Rainbow Blvd #261
Las Vegas, Nevada 89118
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section below.
These Terms, your access to and use of the Got Good Bones- An Online Community and Materials shall be governed by and construed and enforced in accordance with the laws of the State of NEVADA without regard to conflict of law rules or principles (whether of the State of NEVADA or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of NEVADA and the United States, respectively, sitting in Clark County, Nevada.
A. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Got Good Bones- An Online Community . These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Got Good Bones-An Online Community or Got Good Bones- An Online Community Services or for any other Got Good Bones products, features, services or otherwise specified. In the event of any conflict between these Terms and any other agreement you may have with Got Good Bones- An Online Community, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
B. Amendments. We reserve the right to make changes or modifications to these Terms at any time, at our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the The Got Good Bones- An Online Community hosted by Mighty Networks / Facebook / gotgoodbones.com and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Got Good Bones- An Online Community unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the online community after such changes become effective. Your continued use of the Got Good Bones- An Online Community following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Got Good Bones- An Online Community.
Got Good Bones- Copyright 2017
Updated May 15, 2017